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CLANCY v. CALLAN

No. 11661.

238 N.W.2d 295 (1976)

Donald CLANCY, Plaintiff and Appellant, v. William CALLAN, Defendant and Respondent.

Supreme Court of South Dakota.

February 6, 1976.

Attorney(s) appearing for the Case

T. R. Pardy, of Mumford, Protsch, Sage & Pardy, Howard, for plaintiff and appellant.

J. B. Lammers, of Lammers, Lammers & Kleibacker, Madison, for defendant and respondent.

DOYLE, Justice.

This case presents the question of whether the owner and renter of a truck achieved an accord and satisfaction of all that was claimed by the owner by virtue of a particular notation on a check presented by the renter to the owner and subsequently cashed by the owner.

The trial court found that there had been a complete accord and satisfaction. We reverse.

In February 1971, Callan, the defendant-renter, and Clancy, the plaintiff-owner...

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